Yankton County Arrest Records

Yankton County law enforcement officers make arrests when they witness a crime or have probable cause to believe a person has committed a crime, such as a felony or a misdemeanor. Yankton County arrest records are the official documents that chronicle a person's arrest history. Local law enforcement, such as the Yankton County Sheriff's Office, maintains these records. Inmates are held in Yankton at the Yankton County Jail. In cases where an arrest leads to a conviction, details of the arrest may be found among South Dakota court records.

Are Arrest Records Public in Yankton County?

Yankton County arrest records are public records under South Dakota's Public Record Law (SDCL § 1-27-1). However, some records are exempt from public access. Records exempted from the public include:

• Records expunged or sealed by a court order
• Arrest records of juveniles
• Records that can interfere with ongoing investigations or threaten the safety of individuals if disclosed
• Personally Identifying Information (PII) such as Social Security Numbers (SSN)

Where records are exempt from the public, they can still be accessed under certain conditions, such as:

• The subject of a record can request their records
• Attorneys representing an individual in a pending criminal or civil case can request exempted records
• These records can be accessed by courts and government agencies, such as the police department and the Department of Social Services.

To find out more about Yankton County arrest records, interested persons can reach out to the Sheriff's Office at:

Yankton County Sheriff's Office
410 Walnut Street, Suite 104
Yankton, SD 57078
Phone: (605) 668-3567
Fax: (605) 260-2781

Find Yankton County Arrest Records

The Yankton County Sheriff's Department utilizes the Yankton County Jail to detain individuals arrested within the county. Persons seeking to find someone at the jail can contact the Sheriff's Office or visit the jail for a search at:

Yankton County Jail
410 Walnut Street
Yankton, SD 57078

Interested persons can also use the Federal Bureau of Prisons (BOP) Inmate Locator to search for inmates at the Federal Prison Camp, Yankton.

Yankton County Arrest Records Vs. Criminal Records

Yankton County arrest records document the initial apprehension of a person by law enforcement officers. They confirm an arrest but do not confirm guilt. For example, an arrest record can indicate an arrest for burglary, but it will not show whether the charge resulted in a conviction. On the other hand, criminal records show convictions or a guilty plea resulting from court proceedings.

Other distinctions between Yankton County arrest and criminal records include:

Arrest Records: These records provide biographical information, arrest details, charges, and booking information. Records include date, time, location, and arresting agency. The specific allegations are laid out. It also includes booking information such as mugshot, fingerprints, bail amount, and jail location.

Criminal Records include conviction data, court details, and history. They typically include charges proven in court, sentencing information, fines, the period of incarceration, and probation conditions. They also include prior convictions and status upon release.

How Long Do Arrests Stay on Your Record?

In Yankton County, arrest records for persons arrested remain on file depending on factors such as the type of offense, the duration after the offense, and the defendant's compliance with all court-ordered conditions related to the case. For example, SD Codified Laws § 23A-3-34 authorizes the automatic removal from a defendant's public record of charges or convictions for minor misdemeanors, municipal ordinance violations, and petty offenses after five years. However, all conditions required by the judge must have been fulfilled, and no other convictions occurred during this period.

Persons with no prior convictions charged with a felony or misdemeanor have options of deferred adjudication or suspended sentence imposition, allowing them to escape imprisonment and serve probation. Upon completion of probation, they are discharged, and the court orders the charges to be sealed per SD § 23A-27-17. Individuals whose convictions have been pardoned have their records sealed pursuant to SD § 24-14-11.

Where arrests do not lead to charges or cases resulting in dismissal or acquittal, the persons involved are to file an affirmative filing with the court to request expungement of the arrest record. The filing time frame is at any time for an acquittal and one year after a dismissal.

Yankton County Arrest Warrants

Yankton County Arrest Warrants are legal orders signed by a magistrate or judge that empower law enforcement officers to arrest the person named on the warrant. Arrest warrants give law enforcement officers the judicial right to arrest and detain. In Yankton County, the Circuit Court of the Second Judicial Circuit is responsible for issuing warrants. A law enforcement officer prepares and submits an affidavit, providing probable cause, and if the judge or magistrate is convinced, will sign the warrant.

Yankton County Arrest warrants include court captions, case numbers, defendant identification, offense charged, probable cause statements, judicial authorizations, and commands to execute.

Do Yankton County Arrest Warrants Expire?

Yankton County arrest warrants do not expire. They remain active in the public court index until they are served or quashed. They are also entered into the South Dakota Warrant System and the National Crime Information Center (NCIC) database, allowing for the execution of the warrant even outside of Yankton County. Individuals named on a warrant can also legally challenge it in court to have it vacated.

Expunge Yankton County Arrest Records

Persons in Yankton County who were arrested but never charged or had their cases discharged can formally petition the court to have their records expunged under SD Codified Laws § 23A-3-27. For petty offenses, Class 2 misdemeanors, and municipal ordinance violations, the records are sealed automatically, and eligibility requirements, such as fines, probation, restitution, and community service, are met without the need to petition. Where a defendant goes to trial and is acquitted, the defendant must file a petition at any time after acquittal.

Where charges were not filed or dismissed, affected persons can petition to have records expunged one year after the arrest or one year after all charges were dismissed.

Note: Felony convictions and Class 1 misdemeanors are not expunged and remain public indefinitely unless a pardon is granted to the affected person.